HomeMy WebLinkAboutMINUTES - 03221994 - H.4 f / Contra H. 4
TO: BOARD OF SUPERVISORS Cta
FROM: HARVEY E. BRAGDON CO^
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: 23 February 1994
SUBJECT: APPEAL of County Planning Commission APPROVAL of Development
Plan #3013-93, Richard--P,. Fiedler (Applicant) by Eugenia Bailey.
Kensington Area. (APN #5'7'0-223-001) - S.D. I
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) i BACKGROUND AND JUSTIFICATION_
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this pro-
ject as being complete and adequate.
2. DENY the appeal of Mrs. Eugenia Bailey.
3 . Approve Development Plan #3013-93 as recommended by the
Planning Commission at the February 1, 1994 meeting.
4. Approve the conditions of approval as recommended by the Comm-
ission at the February 1, 1994 meeting.
5. Approve the findings contained in the resolution of the County
Planning Commission as the basis for your Board's action.
FISCAL IMPACT: None.
BACKGROUNDIREASONS FOR RECOMMENDATION:
The background for this project is reviewed in the February 1, 1994
Staff Report to the County Planning Commission. The Commission
reviewed the issues of appeal raised by Mrs. Bailey in regards to
pedestrian safety, diminishing property values and encroachment of
views.
The Commission after taking testimony voted to apprve the
application with the elimination of the garage door and related
stairway as recommended by the applicant to eliminate &f y yipLriance.
On February 10, 1994, Mrs. Bailey appealed the Commission's decision to the
Board of Supervisors.
The issues Mrs. Bailey raises in her appeal were discussed originally in the
staff report to the Zoning Administrator dated October 25, 1993 . Staff had
recommended terracing the home on the northern portion of the lot. However,
the Zoning Administrator determined that views would not be Beverly impacted
to relocate the proposed home.
CONTINUED ON ATTACHMENT: 7y- YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR_ RECOMM N ION F BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON March 22 , 1994 APPROVED AS RECOMMENDED x OTHER
This is the time heretofore noticed by the Clerk of the
Board of Supervisors for hearing on the appeal by Eugenia Bailey
(appellant) from the decision of the contra Costa County Planning
Commission sitting as the Board of Appeals on the application by
Richard P. Fielder (applicant and owner) requesting approval of a
development plan #3013-93 to construct a new residence on a lot
that is substandard in minimum square footage to the current
zoning in the Kensington area.
1 .
Dennis Barry, Community Development Department, presented
the staff report on the appeal, described the site location and a
brief history of the appeal, and commented on the staff
recommendations .
The public hearing was opened and the following persons
presented testimony:
R.P. Fiedler, 2325-A Carleton Street, Berkeley, spoke in
support of the staff recommendations and described his proposed
project .
Eugenia Bailey, 524 Beloit Avenue, Kensington, commented on
her exhibits that she presented to .the Board and on her requested
revisions to Mr. Fiedler' s proposed plan to minimize impacts on
her property.
Mr. Fiedler expressed reluctance to change his plans but he
expressed a willingness to speak to Ms . Bailey' s architect .
The public hearing was closed.
Supervisor Powers commented on the size of the lots in the
area and the difficulty with privacy, spoke in support of Mr.
Fiedler meeting with Ms . Bailey' s architect for possible
adjustments to the plan, and he . moved to deny the appeal and
approve the project .
IT IS BY THE BOARD ORDERED that recommendations 1, 2 , 3 , 4 ,
and 5 are APPROVED.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT IV TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Drig: Community Development Department ATTESTED March 22 , 1994
cc: D. Chaimberlan
Richard P. Fiedler
Eugenia Bailey PHIL BATCHELOR, CLERK OF
THE BO D OF SUPERVISORS
Cot
O ADMINISTRATOR
BY-- --------DEPUTY
2 .
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CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3013-93 PER FEBRUARY 1 , 1994
COUNTY PLANNING COMMISSION APPROVAL
1 . Development of the site shall be as indicated on plans submitted to the Community
Development Department and dated received July 28, 1993. 'e a's ' e> 3r or a':n�l`
reiat� Sfi irvsr2(1 fpr th8 wes Brrf` IBu tion wd withdr �nrn by the APplie rlt.3 .tfiq
�orni#sson hearin .<'::The:rev3sion..eltrr�anates.the rarare> '>the side. ard.setbacl
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StutBrert'rRevised site plans shall be submitted for the review and approval of the
Zoning Administrator.
2. Should archaeological materials be uncovered during grading, trenching or other on-site
excavation(s), earthwork within 30 yards of these materials shall be stopped until a
professional archaeologist who is certified by the Society for California Archaeology
(SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity
to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed
necessary.
3. Comply with the following construction, noise, dust and litter control requirements:
A. Noise generating construction activities, including such things as power
generators, shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday
through Friday, and shall be prohibited on State and Federal holidays. The
restrictions on allowed working days may be modified on prior written approval
by the Zoning Administrator.
B. The project sponsor shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and shall
locate stationary noise-generating equipment such as air compressors and
concrete pumpers as far away from existing residences as possible.
C. A dust and litter control program shall be submitted for the review and approval
of the Zoning Administrator. Any violation of the approved program or
applicable ordinances shall require an immediate work stoppage. Construction
work shall not be allowed to resume until, if necessary, an appropriate
construction bond has been posted.
4. A vertical rise garage door with an automatic garage door opener shall be installed.
5. The cypress trees and other trees will be trimmed no further than necessary as
required by the Fire District.
ADVISORY NOTES
A. Applicant shall comply with the Park Dedication Fee Ordinance, $2,000.
B. Comply with the requirements of the Stege Sanitary District.
C. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
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D. The applicant will be required to comply with all rules, regulations and procedures of
the National Pollutant Discharge Elimination System (NPDES) permit for municipal,
construction and industrial activities as promulgated by the California State Water
Resources Control Board or any of its Regional Water Quality Control Boards (San
Francisco Bay-Regional II or Central Valley-Region V).
ED/aa ,
DPX1113013.93C.ED
10/5/93
10/19/93
10/25/93 - Rev. Z.A.(v)
1/13/94
2/1/94 - CPC (a)
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